Ramachandran T vs The Revenue Divisional Officer
2023 Latest Caselaw 12524 Ker

Kerala High Court

Ramachandran T vs The Revenue Divisional Officer on 22 November, 2023

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA,
                                  1945
                      WP(C) NO. 38041 OF 2023
PETITIONER:

           RAMACHANDRAN T
           AGED 74 YEARS
           S/O. MADHAVA MENON, 'GOKULAM' THACHAPPILLY HOUSE,
           PUZHAKKAL POST, THRISSUR DISTRICT, PIN - 680553
           BY ADVS.
           N.M.MADHU
           C.S.RAJANI

RESPONDENTS:

     1       THE REVENUE DIVISIONAL OFFICER
             REVENUE DIVISIONAL OFFICE, THRISSUR, PIN - 680003
     2       THE VILLAGE OFFICER
             PUZHAKKAL VILLAGE OFFICE, THRISSUR DISTRICT, PIN -
             680553
OTHER PRESENT:

             GP - RIYAL DEVASSY


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   22.11.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C). No.38041 of 2023      :2:



                            VIJU ABRAHAM, J.
         --     -- -- -- -- -- -- -- -- -- -- -- --
                       W.P.(C) No.38041 of 2023
         --     -- -- -- -- -- -- -- -- -- -- -- --
                Dated this the 22nd day of November, 2023

                             JUDGMENT

The petitioner is the absolute owner and is in possession of

10.56 Ares of land comprised in Sy. No.154/6-2 of Puzhakkal

Village in Thrissur Taluk, obtained as per Ext.P1 sale deed. The

property was included in Ext.P3 data bank. Thereupon the

petitioner submitted Ext.P5 - Form 5 application, which was

allowed as per Ext.P6, removing the property from the data bank.

Thereafter the petitioner preferred Ext.P7 application in Form 6,

wherein as a pre-condition for consideration of the said application,

the petitioner was directed to remit an amount of Rs.3,90,775/- as

conversion fee, as is evident from Ext.P8. Aggrieved by the same,

the petitioner has approached this Court.

2. The petitioner relies on the Division Bench judgment of this

Court in State of Kerala v. Moushmi Ann Jacob [2023 (5)

KHC 337] wherein it is held that if the property is in excess of 25

cents, fees needs to be paid only in respect of property which is in

excess of 25 cents and there is no need to pay fees for 25 cents.

Admittedly the property was obtained by the petitioner as per a

sale deed executed as early as in 1983, much before the

introduction of Section 27A in the Statute and Ext.P4 would show

that the petitioner has constructed a building therein almost 30

years back.

3. Heard the learned Government Pleader also.

4. Considering the facts and circumstances of the case, I am

of the opinion that the petitioner is entitled for the benefit of the

Division Bench judgment in Moushmi's case cited (Supra).

Therefore, Ext.P8 is set aside with a consequential direction to the

1st respondent to reconsider the claim of the petitioner and

consider Ext.P6 application, excluding 25 cents as held by the

Division Bench of this Court in Moushmi's case cited (Supra) and

pass appropriate orders thereon, within an outer limit of one

month from the date of receipt of a copy of this judgment.

With the above said directions, the writ petition is disposed

of.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 38041/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.3751/1983 DATED 24.11.1983 OF S.R.O. THRISSUR Exhibit P2 TRUE COPY OF THE LATEST BASIC TAX RECEIPT DATED 15.07.2022 FOR THE YEARS 2022-23 Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK REGISTER Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED 19.10.2023 ISSUED BY THE ADAT GRAMA PANCHAYAT Exhibit P5 TRUE COPY OF THE APPLICATION IN FORM NO.5 DATED 15.07.2022 Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED 24.01.2023 ISSUED BY THE FIRST RESPONDENT Exhibit P7 TRUE COPY OF THE APPLICATION IN FORM NO.6 DATED 24.02.2023 Exhibit P8 TRUE COPY OF THE PAY IN SLIP DATED 31.10.2023 ISSUED BY THE 2ND RESPONDENT